Robert William Scott Bauer Braxton Minerals, L.L.C. And Braxton Minerals II, L.L.C. v. John Bradley Ashburn and Post Oak Appalachia, L.L.C.

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00135-CV
___________________________
ROBERT WILLIAM SCOTT BAUER; BRAXTON MINERALS, L.L.C.; AND
BRAXTON MINERALS II, L.L.C., Appellants
V.
JOHN BRADLEY ASHBURN AND POST OAK APPALACHIA, L.L.C., Appellees
On Appeal from the 17th District Court
Tarrant County, Texas
Trial Court No. 017-291527-17
Before Pittman, Birdwell, and Bassel, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Robert William Scott Bauer; Braxton Minerals, L.L.C.; and Braxton Minerals II,
L.L.C. attempt to appeal from the trial court’s judgment signed on December 6, 2018.
Appellants filed a motion for new trial on January 7, 2019, and the notice of appeal
was therefore due March 6, 2019. See Tex. R. App. P. 26.1. However, appellants did
not file their notice of appeal until April 15, 2019.
On April 22, 2019, we notified appellants that we were concerned we may not
have jurisdiction over this appeal because the notice of appeal was not timely filed.
See Tex. R. App. P. 26.1. We cautioned that unless they or any party desiring to
continue the appeal filed with the court, on or before Thursday, May 2, 2019, a
response showing grounds for continuing the appeal, we could dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. We have not received a
response.
We do not have jurisdiction over an appeal absent a timely filed notice of
appeal. See Tex. R. App. P. 2, 25.1(b); Howlett v. Tarrant Cty., 301 S.W.3d 840,
843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g) (citing Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997)). Accordingly, because the notice of appeal
was untimely, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
PER CURIAM
Delivered: May 23, 2019
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